The South African Council of Churches (SACC) says it is engaging ‘with caution and openness’ in the CRL Rights Commission’s move proposing rules to regulate religious centres in the country.

This was after the Section 22 Ad Hoc Committee, appointed by the CRL Commission, published a Draft Self-Regulatory Framework for the Christian Sector for national consultation.

The CRL stated that this was not a framework for state control, but a framework for freedom with responsibility, which will restore and strengthen public trust, and protect the integrity of the Gospel from being tarnished by the failures of those who represent it.

Reverend Mzwandile Molo, South African Council of Churches (SACC) general secretary, stated that the SACC is engaging the CRL’s Section 22 process with caution and openness.

He added that they understand the process to be one of consultation, as it stands.

“The SACC and its member churches are engaging the process of the CRL with a commitment to find a solution that protects the constitutionally guaranteed rights of freedom of religion, conscience, freedom of assembly, etc., while ensuring that ordinary people are protected from abuse and exploitation,” Molo stated. 

He added that the SACC has long maintained that when criminality exists, regardless of religious claims, the law must prevail.

Professor Simangaliso Kumalo, a Public Theology and History expert from the University of KwaZulu-Natal, said any practice that exposes people to harm or danger, which is done in the name of the spirit, is ‘spiritual abuse’. 

He added that spirituality is meant to heal, empower, enable, save, and liberate, and any action that contradicts the above is abuse and should be discouraged. 

On the view that the CRL has likely ‘framed’ the ministry as a ‘profession’ that should be regulated, he said, all professions, including health, law, and education, have formed peer groups or committees. 

“Religious communities can also do that. What is important is the criteria for choosing people for the group. The first criterion should be theological training and qualifications, secondly, commitment to religion, and thirdly, approval by the religious constituency,” Kumalo said.

He also stated that there is no theological danger in treating the ministry as a state-licensed job, because many churches have been operating in that manner for centuries. 

In a statement, the CRL said: “We have witnessed the devastating reports of exploitation, where the vulnerable have been fed false promises and harmful substances. We have seen the pain of financial abuse and the scandal of moral failure in places meant to offer sanctuary. 

“We have heard the cries of those hurt within our own walls. These actions have cast a shadow, not only on the institutions involved but on the glorious name of Christ we all proclaim.”

The CRL further stated that the draft framework is built on three pillars of internal governance and accountability, a code of ethical and professional conduct, and legal and regulatory compliance.

The framework proposes the creation of an independent Christian Practice Council for Ethics and Accountability (CPCEA), a council composed of democratically elected and respected leaders and experts from across our diverse community, who will support, guide, and certify organisations that commit to these standards. It will provide a ‘Seal of Good Standing’, a public symbol of an organisation’s dedication to accountability, helping believers and donors to make informed decisions, the CRL stated. 

Pastor Mpfariseni Mukhuba, the chairperson of the South African Church Defenders (SACD), said her organisation has taken the matter to court, claiming the CRL’s Section 22 Committee is overstepping its mandate and interfering in church governance.

“The creation of an ad hoc structure, appointed by a state institution, to define ‘standards’, ‘certification’, or a ‘Seal of Good Standing’ for churches raises profound constitutional, theological, and governance concerns. Self-regulation, by definition, must arise organically from the Church itself, not through a process convened, framed, or overseen by a Chapter 9 institution of the state,” Mukhuba stated.

She added that the SACD condemns abuse, exploitation, fraud, and criminal behaviour wherever it occurs, including within religious spaces; however, such conduct was already addressed through existing criminal and civil law. 

“The failure to enforce current laws cannot be remedied by regulating faith, doctrine, or ministry structures. The sins of a few must never be used to place the entire Body of Christ under suspicion or administrative oversight,” she said.

gcwalisile.khanyile@inl.co.za

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